To repeal sections 288.380 and 347.187, RSMo 1994, and sections
351.488 and 358.150, RSMo Supp. 1995, relating to unemployment
compensation funds, and to enact in lieu thereof four new sections
relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri,
as follows:

Section A. Sections 288.380 and 347.187, RSMo 1994, and sections
351.488 and 358.150, RSMo Supp. 1995, are repealed and four
new sections enacted in lieu thereof, to be known as sections
288.380, 347.187, 351.488 and 358.150, to read as follows:

288.380. 1. Any agreement by a worker to waive, release, or
commute [his]such worker's rights to benefits
or any other rights [under this law, or under]pursuant
to this chapter, or pursuant to an employment security law
of any other state or of the federal government shall be void.
Any agreement by a worker to pay all or any portion of any contributions
required shall be void. No employer shall directly or indirectly
make any deduction from wages to finance the employer's contributions
required from him or her, or accept any waiver of any right
[under this law]pursuant to this chapter
by any individual in his or her employ.

2. No employing unit or any agent of an employing unit or any
other person shall make a false statement or representation knowing
it to be false, nor shall knowingly fail to disclose a material
fact to prevent or reduce the payment of benefits to any individual,
nor to avoid becoming or remaining an employer, nor to avoid or
reduce any contribution or other payment required from any employing
unit, nor shall willfully fail or refuse to make any contributions
or payments nor to furnish any required reports nor to produce
or permit the inspection or copying of required records. Each
such requirement shall apply regardless of whether it is a requirement
of this [law]chapter, of an employment security
law of any other state or of the federal government.

3. No person shall make a false statement or representation knowing
it to be false or knowingly fail to disclose a material fact,
to obtain or increase any benefit or other payment [under
this law]pursuant to this chapter, or under an
employment security law of any other state or of the federal government
either for himself or herself or for any other person.

4. No person shall without just cause fail or refuse to attend
and testify or to answer any lawful inquiry or to produce books,
papers, correspondence, memoranda, and other records, if it is
in [his]such person's power so to do in
obedience to a subpoena of the director, the commission, an appeals
tribunal, or any duly authorized representative of any one of
them.

5. No individual claiming benefits shall be charged fees of any
kind in any proceeding [under this law]pursuant
to this chapter by the division, or by any court or any officer
thereof. Any individual claiming benefits in any proceeding before
the division or a court may be represented by counsel or other
duly authorized agent; but no such counsel or agents shall either
charge or receive for such services more than an amount approved
by the division.

6. No employee of the division or any person who has obtained
any list of applicants for work or of claimants for or recipients
of benefits [under this law]pursuant to this
chapter shall use or permit the use of such lists for any
political purpose.

7. Any person who shall willfully violate any provision of this
[law]chapter, or of an employment security
law of any other state or of the federal government or any rule
or regulation, the observance of which is required under the terms
of any one of such laws, shall upon conviction be deemed guilty
of a misdemeanor and shall be punished by a fine of not less than
fifty dollars nor more than one thousand dollars, or by imprisonment
in the county jail for not more than six months, or by both such
fine and imprisonment, and each such violation or each day such
violation continues shall be deemed to be a separate offense.

8. In case of contumacy by, or refusal to obey a subpoena issued
to, any person, any court of this state within the jurisdiction
of which the inquiry is carried on, or within the jurisdiction
of which the person guilty of contumacy or refusal to obey is
found or resides or transacts business, upon application by the
director, the commission, an appeals tribunal, or any duly authorized
representative of any one of them shall have jurisdiction to issue
to such person an order requiring such person to appear before
the director, the commission, an appeals tribunal or any duly
authorized representative of any one of them, there to produce
evidence if so ordered or there to give testimony touching the
matter under investigation or in question; and any failure to
obey such order of the court may be punished by the court as a
contempt thereof.

9. An individual who willfully fails to disclose amounts earned
during any week with respect to which benefits are claimed by
him or her, willfully fails to disclose or has falsified
as to any fact which would have disqualified him or her
or rendered him or her ineligible for benefits during such
week, or willfully fails to disclose a material fact or makes
a false statement or representation in order to obtain or increase
any benefit [under this law]pursuant to this
chapter, shall forfeit all of his or her benefit rights,
and all of his or her wage credits accrued prior to the
date of such failure to disclose or falsification shall be canceled,
and any benefits which might otherwise have become payable to
him or her subsequent to such date based upon such wage
credits shall be forfeited; except that, the division may, upon
good cause shown, modify such reduction of benefits and cancellation
of wage credits. It shall be presumed that such failure or falsification
was willful in any case in which an individual signs and certifies
a claim for benefits and fails to disclose or falsifies as to
any fact relative to such claim.

10. (1) Any assignment, pledge, or encumbrance of any rights
to benefits which are or may become due or payable [under
this law]pursuant to this chapter shall be void;
and such rights to benefits shall be exempt from levy, execution,
attachment, or any other remedy whatsoever provided for the collection
of debt; and benefits received by any individual, so long as they
are not mingled with other funds of the recipient, shall be exempt
from any remedy whatsoever for the collection of all debts except
debts incurred for necessaries furnished to such individual or
[his]the individual's spouse or dependents
during the time such individual was unemployed. Any waiver of
any exemption provided for in this subsection shall be void; except
that this section shall not apply to:

(a) Support obligations, as defined [under]pursuant
to paragraph (g) of subdivision (2) of this subsection, which
are being enforced by a state or local support enforcement agency
against any individual claiming unemployment compensation [under
this law]pursuant to this chapter; or

(2) (a) An individual filing a new claim for unemployment compensation
shall, at the time of filing such claim, disclose whether or not
the individual owes support obligations, as defined [under]pursuant to paragraph (g) of this subdivision or owes uncollected
overissuances of food stamp coupons (as defined in section 13(c)(1)
of the Food Stamp Act of 1977). If any such individual discloses
that he or she owes support obligations or uncollected overissuances
of food stamp coupons, and is determined to be eligible for unemployment
compensation, the division shall notify the state or local support
enforcement agency enforcing the support obligation or the state
food stamp agency to which the uncollected food stamp overissuance
is owed that such individual has been determined to be eligible
for unemployment compensation;

(b) The division shall deduct and withhold from any unemployment
compensation payable to an individual who owes support obligations
as defined [under]pursuant to paragraph
(g) of this subdivision or who owes uncollected food stamp overissuances:

a. The amount specified by the individual to the division to
be deducted and withheld [under]pursuant to
this paragraph if neither subparagraph b. nor subparagraph c.
of this paragraph is applicable; or

b. The amount, if any, determined pursuant to an agreement submitted
to the division [under]pursuant to section
454(20)(B)(i) of the Social Security Act by the state or local
support enforcement agency, unless subparagraph c. of this paragraph
is applicable; or the amount (if any) determined pursuant to an
agreement submitted to the state food stamp agency [under]pursuant to section 13(c)(3)(a) of the Food Stamp Act of
1977; or

c. Any amount otherwise required to be so deducted and withheld
from such unemployment compensation pursuant to properly served
legal process, as that term is defined in section 462(e) of the
Social Security Act; or any amount otherwise required to be deducted
and withheld from the unemployment compensation pursuant to section
13(c)(3)(b) of the Food Stamp Act of 1977;

(c) Any amount deducted and withheld [under]pursuant
to paragraph (b) of this subdivision shall be paid by the
division to the appropriate state or local support enforcement
agency or state food stamp agency;

(d) Any amount deducted and withheld [under]pursuant
to paragraph (b) of this subdivision shall, for all purposes,
be treated as if it were paid to the individual as unemployment
compensation and paid by such individual to the state or local
support enforcement agency in satisfaction of the individual's
support obligations or to the state food stamp agency to which
the uncollected overissuance is owed as repayment of the individual's
uncollected overissuance;

(e) For purposes of paragraphs (a), (b), (c), and (d) of this
subdivision, the term "unemployment compensation" means
any compensation payable [under this law]pursuant
to this chapter, including amounts payable by the division
pursuant to an agreement [under]pursuant to
any federal law providing for compensation, assistance, or allowances
with respect to unemployment;

(f) Deductions will be made pursuant to this section only if
appropriate arrangements have been made for reimbursement by the
state or local support enforcement agency, or the state food stamp
agency, for the administrative costs incurred by the division
[under]pursuant to this section which are
attributable to support obligations being enforced by the state
or local support enforcement agency or which are attributable
to uncollected overissuances of food stamp coupons;

(g) The term "support obligations" is defined for purposes
of this subsection as including only obligations which are being
enforced pursuant to a plan described in section 454 of the Social
Security Act which has been approved by the Secretary of Health
and Human Services [under]pursuant to Part
D of Title IV of the Social Security Act;

(h) The term "state or local support enforcement agency",
as used in this subsection, means any agency of a state, or political
subdivision thereof, operating pursuant to a plan described in
paragraph (g) of this subdivision;

(i) The term "state food stamp agency" as used in this
subsection, means any agency of a state, or political subdivision
thereof, operating pursuant to a plan described in the Food Stamp
Act of 1977;

(j) The director may prescribe the procedures to be followed
and the form and contents of any documents required in carrying
out the provisions of this subsection;

(k) The division shall comply with the following priority when
deducting and withholding amounts from any unemployment compensation
payable to an individual:

a. Before withholding any amount for child support obligations
or uncollected overissuances of food stamp coupons, the division
shall first deduct and withhold from any unemployment compensation
payable to an individual the amount, as determined by the division,
owed pursuant to subsection 11 or 12 of this section;

b. If, after deductions are made pursuant to subparagraph a.
of paragraph (k) of this subdivision, an individual has remaining
unemployment compensation amounts due and owing, and the individual
owes support obligations or uncollected overissuances of food
stamp coupons, the division shall first deduct and withhold any
remaining unemployment compensation amounts for application to
child support obligations owed by the individual;

c. If, after deductions are made pursuant to subparagraphs a.
and b. of paragraph (k) of this subdivision, an individual has
remaining unemployment compensation amounts due and owing, and
the individual owes uncollected overissuances of food stamp coupons,
the division shall deduct and withhold any remaining unemployment
compensation amounts for application to uncollected overissuances
of food stamp coupons owed by the individual.

11. Any person who, by reason of the nondisclosure or misrepresentation
by [him]such person or by another of a material
fact, has received any sum as benefits [under this law]pursuant to this chapter while any conditions for the receipt
of benefits imposed by this [law]chapter
were not fulfilled in [his]such person's
case, or while he or she was disqualified from receiving
benefits, shall, in the discretion of the division, either be
liable to have such sums deducted from any future benefits payable
to [him under this law]such person pursuant
to this chapter or shall be liable to repay to the division
for the unemployment compensation fund a sum equal to the amounts
so received by him or her, and such sum shall be collectible
in the manner provided in sections 288.160 and 288.170 for the
collection of past due contributions.

12. Any person who, by reason of any error or omission or because
of a lack of knowledge of material fact on the part of the division,
has received any sum [as benefits under this law]of benefits pursuant to this chapter while any conditions
for the receipt of benefits imposed by this [law]chapter were not fulfilled in [his]such
person's case, or while [he]such person
was disqualified from receiving benefits, shall after an opportunity
for a fair hearing [under the provisions of]pursuant
to subsection 2 of section 288.190 have such sums deducted
from any further benefits payable to [him under this law]such person pursuant to this chapter, provided that the
division may elect not to process such possible overpayments where
the amount of same is not over [five dollars]twenty
percent of the maximum state weekly benefit amount in effect at
the time the error or omission was discovered. Recovering overpaid
unemployment compensation benefits which are a result of error
or omission on the part of the claimant shall be pursued by the
division through billing and setoffs against state income tax
refunds.

13. Any person who has received any sum as benefits under the
laws of another state, or under any unemployment benefit program
of the United States administered by another state while any conditions
for the receipt of benefits imposed by the law of such other state
were not fulfilled in his or her case, shall after an opportunity
for a fair hearing [under the provisions of]pursuant
to subsection 2 of section 288.190 have such sums deducted
from any further benefits payable to [him under this law]such person pursuant to this chapter, but only if there
exists between this state and such other state a reciprocal agreement
under which such entity agrees to recover benefit overpayments,
in like fashion, on behalf of this state.

347.187. 1. A limited liability company created [under]pursuant to sections 347.010 to 347.187 or entering the
state pursuant to sections 347.010 to 347.187 and its authorized
persons, or their equivalent, shall have the duty to withhold
and pay such taxes as are imposed by the laws of this state or
any political subdivision thereof on a basis consistent with such
limited liability company's classification as a partnership or
association, as the case may be, [under]pursuant
to Section 7701 of the Internal Revenue Code of 1986, as amended.

2. Solely for the purposes of chapter 143, RSMo, [and]
chapter 144, RSMo, and chapter 288, RSMo, a limited liability
company classified as a partnership for federal income tax purposes
shall be deemed to be and treated as a partnership and its members
shall be deemed to be and treated as partners and a limited liability
company classified as an association for federal income tax purposes
shall be deemed to be and treated as a corporation and its authorized
persons shall be deemed to be and treated as officers or directors
and its members as shareholders.

351.488. 1. A corporation administratively dissolved [under]pursuant to section 351.486 may apply to the secretary
of state for reinstatement. The application must:

(1) Recite the name of the corporation and the effective date
of its administrative dissolution;

(2) State that the ground or grounds for dissolution either did
not exist or have been eliminated;

(3) State that the corporation's name satisfies the requirements
of section 351.110;

(4) Contain a certificate from the department of revenue reciting
that all taxes owed by the corporation, including all liabilities
owed as determined by the division of employment security pursuant
to chapter 288, RSMo, have been paid or that a tax payback
plan has been arranged with the department of revenue for liabilities
owed to the department of revenue and a tax payback plan has been
arranged with the department of labor and industrial relations
division of employment security for any liabilities owed as determined
by the division of employment security pursuant to chapter 288,
RSMo; and

(5) Be accompanied by a reinstatement fee in the amount of fifty
dollars plus any delinquent fees, penalties, and charges that
might have accrued.

2. If the secretary of state determines that the application
contains the information and is accompanied by the fees required
by subsection 1 of this section and that the information and fees
are correct, [he]the secretary of state
shall cancel the certificate of dissolution and prepare a certificate
of reinstatement that recites his or her determination
and the effective date of reinstatement, file the original of
the certificate, and serve a copy on the corporation as provided
in section 351.380.

3. When the reinstatement is effective, it relates back to and
takes effect as of the effective date of the administrative dissolution
and the corporation resumes carrying on its business as if the
administrative dissolution had never occurred.

4. In the event the name was reissued prior to the time application
for reinstatement was filed, the corporation applying for reinstatement
may elect to reinstate using a new name that complies with the
requirements of section 351.110, and that has been approved by
appropriate action of the corporation for changing the name thereof.

358.150. 1. Except as provided in subsection 2 of this section,
all partners are liable jointly and severally for everything chargeable
to the partnership [under]pursuant to sections
358.130 and 358.140, and for all other debts and obligations of
the partnership. Any partner may enter into a separate obligation
to perform a partnership contract.

2. Subject to subsection 3 of this section, no partner in a registered
limited liability partnership shall be liable or accountable,
directly or indirectly, including by way of indemnification, contribution,
assessment or otherwise, for any debts, obligations and liabilities
of, or chargeable to, the partnership, whether in tort, contract
or otherwise, which are incurred, created or assumed by such partnership
while the partnership is a registered limited liability partnership.

3. Subsection 2 of this section shall not affect the liability
of a partner in a registered limited liability partnership for
the partner's own negligence, wrongful acts, omissions, misconduct
or malpractice or that of any person under the partner's direct
supervision and control or the partner's liability for any taxes
or fees administered by the department of revenue pursuant to
chapter 143, 144 or 301, RSMo, and any liabilities owed as
determined by the division of employment security, pursuant to
chapter 288, RSMo, and any local taxes provided for in section
32.087, RSMo.

4. A partner is not a proper party to a proceeding by or against
a registered limited liability partnership, the object of which
is to recover damages or enforce obligations arising out of acts,
omissions, malpractice or misconduct of the type described in
subsection 2 of this section, unless the partner is personally
liable [under]pursuant to subsection 1 or
3 of this section.

5. A registered limited liability partnership may sue and be
sued in its own name.

6. Venue of claims against registered limited liability partnerships
shall be controlled pursuant to section 508.010, RSMo, and, for
purposes of venue, a registered limited liability partnership
shall be deemed to be a citizen and resident of the county in
which it has any office or agent for the transaction of its usual
and customary business activities or in which its registered office
or registered agent is located.

7. Service of process upon a registered limited liability partnership
may be had by delivering a copy of the summons and petition to
the partnership's registered agent, a partner, managing or general
agent or by leaving the copies at any business office of the registered
limited liability partnership with the person having charge thereof.